CONGRATULATIONS to Tommy Thomas on his appointment as attorney-general. He can now exercise the necessary functions as stipulated in Article 145 of the Federal Constitution.
However, there will be another function which the new A-G will need to give attention to: the harmonisation between civil and syariah laws.
The issue has become important due to the increasing conflicts between the two areas of the law.
Although the Constitution stipulates the separation of powers between civil and syariah matters, there are areas that can create conflicts, thus, wreaking havoc on the people.
Among them are child custody, apostasy and inheritance cases. He needs to have a good grasp of Islamic laws so that he can seek to harmonise civil and syariah laws.
The A-G’s Chambers had in February formed a harmonisation of law division, a unit that looks into issues related to syariah laws that arise at the federal and international levels.
The setting up of the division was made pursuant to Article 145(2) of the Federal Constitution, which stipulates that the A-G has the responsibility to advise the Yang di-Pertuan Agong, the cabinet or any minister about any legal matter.
Among the functions of this division include preparing legal opinions, providing feedback, comments, and inputs on syariah-related issues, vetting syariah-related legal documents, such as agreements and memorandum of understanding, providing comments on syariah policy papers, including cabinet papers and drafting of bills and legislation related to hukum syarak (Islamic law).
Thus, it is crucial for the A-G to safeguard the integrity of syariah laws while harmonising the civil and syariah laws for the country’s long-term stability.
DR MUZAFFAR SYAH MALLOW
Senior lecturer, Faculty of
Syariah & Law, Universiti Sains Islam Malaysia